Document re6MNeM9ByGeG41gq1K40XryV

'U i^ V &C:iQU MATERIALS STANDARDS INSTITUTE, INC., E-210 MUTE *4, PAMATUS, K.J. 07652 5 PLAINTIFF'S I EXHIBIT I &Q+SZ- MII-TUTSS OF ANNUAL MEETING of the FRICTION :1AIEEIAIS STANDARDS INSTITUTE, INC, ukchfirme: MINUTES Wednesday and Thursday, June 28 and 29, 1978, 8:30 AMI. at Camelback Inn, Scottsdale, Arizona ME13ERS PRESENT SEP RESSMTAIIVES Abex Corporation Auto Friction Corporation Bendix Corporation Brasebestos Manufacturing Corp. Carlisle Corporation General Motors Corporation Lear-S^egler Inc. Nuturn Corporation Raybestos-Maahattan Inc. Raddaway Manufacturing Co. S,K. Wellman Corporation Wheeling Braise Block R. L. Cutler Adrian Conins ?. E. Messier W. Simon W. E. Harris, Jr. R. J. Kick 0. J. Ogilvie J. W. Greenen R. R. lioalli F. W. Barton G. A. Carrlgan L. Burgess (6/28) PROXY AVAILABLE Lasco Brake Produets E.K. Porter Co. T. J. Laher (E. W. Drislane) . J. C. Black (E. H. Drlalane) OTHERS PRESENT Auto Friction Corporation B. Kublia Bendix Corporation Friction Materials Division T?. F. Messier (6/28) Automotive Aftermarket Operations D. Godfrey Heavy Vehicle Systems Group R. Elliott Carlisle Corporation R. Perritt Delco-Moraine Division E. E. Kettering G. P. Baynes (6/28) Lear-Siegler Corporation D. Lee R. Luellen Huturn Corporation J. Mellow Raybestos-Manhattaa, Inc. D. Cunningham Reddovay 1Manufacturing Corp* J. Moore S.K. Wellman Corporation R. Kaminski Wheeling Brake Block G. Stratton (6/28) Goman 6 Cole R. P. Goman Friction Materials Standards Inc. E. U. Drislane .Hailes C..c (COudJi ---- juae 17/0 A.5B-ST0S STUDY COSItlTTEE SZ?OPT Hr. H. H. Wagner of Carlisle Corporation, Chairman of the Asbestos Study Committee prepared this report. In Hr. Wagner*s absence the Secretary read the report. Please refer to Exhibit 9. 1-ir. Wagner reported on work that a Task Force from the Committee had completed on preparation cf a work practices booklet concerning the handling of asbestos-containing fricton materials. Considerable progress had been made in the preparation of this booklet but it was noted that at the Board of Directors meeting on June 27, 1978 that the Board directed that the Task Force submit this booklet to the Asbestos Study Cotaittee who would then sake recommendations to the Board of Directors. Upon motion duly made, seconded and unanimously passed, it was; 25S0IVED: To accept the report of the Asbestos Study Comittee as written. iir. Adrian Comins asked that the Institute consider the question of a possible recall of asbestos-hearing friction materials if such action were taken by the Consumer Product Safety-Commission. Hr. Cooins was concerned with the recall provisions of the Federal Hazardous Substances Act which the Consumer Product Safety Concession administers. If asbestos bearing friction materials were to be recalled under the Federal Hazardous Substances Act, manufacturers would have to refund not only their distributors or rebuilders for the manufacturers1 selling price but would have to pay shipping and packing costs of all those further down the line in the distribution network. He indicated that this was the bill that manufacturers would old: up for the Iris recall. He indicated that this could be a substantial cost should asbestos-bearing friction materials be recalled under the Federal Hazardous Substances Act. A question va3 raised as to whether product liability insurance would cover the costs of any such recall. It was not known whether this insurance would cover this type of recall. One member Indicated that he didn't believe that there could be such a recall b7 the Consumer Product Safety Commission because he questioned whether the Consumer Product Safety Commission had jurisdiction over asbestos-bearing brake linings. Discussion on the Consumer Produce Safety Commission problem was enlarged to include other Federal regulatory agencies including CSHA, CPA, etc. It was indicated that even If e government recall could not be supported by a rational review of scientific data, that^.____ in the existing environment, with pressures from environmentalists, the media^and some regulators, that a recall is still a possibility. * lir. Carrigan Indicated that beryllium users have scientific data which would indicate that certain sections of the OSIiA beryllium standards are unsupportable, but that regulations have nevertheless been adopted. Hr. Harris noted that the Asbestos Information Association has given outstanding service to manufacturers with valuable legal and medical information concerning the asbestos problem. Be particularly suggested that friction materials manufacturers who are not members consider supporting and joining the Asbestos Information Association. The study that Dr. Jacko of Bendix had run for the Environmental Protection Agency was dicussed. In that paper Dr. Jacko attempted to quantify the amount of asbestos emissions into the atmosphere from brakes and clutches. That paper provided data that supported the view that the general public scutes or tae Annual *iecting -u- June 2S-29, 197S i' v 'is not subject to excessive exr>osjir*'-roasbestoo from vehicular brakes 'J,` or clutches. A member comcen(Jted that the basic area where asbestos is a'problem is in* the~wor!cplace and not in the general environment and he questioned,.whether asi?estos-beaing^brai'.e . linings could be considered a harmful' consumer produccl? less .a hazardous .substance.. ir. Comins suggested that the Institute should ask for a hearing while the Consuaer Product Safety Concission nay be re-drafting rules on recall procedures. The Secretary advised that in 1977 Zlr. Comins suggested that individuals write to the Consumer Product Safety Commission as regards recall procedures under the Federal Hazardous Substances Act. tir. Conins was now' asking that the Institute act as an organization to bring this question to the attention of the Consuner Product Safety Commission. The Secretary quoted fron the minutes of the January meeting of the Asbestos Study Comittee where Ur. Ed Fenner of Johns-IZanville stated that there was litigation underway concerning whether aluminum wiring in a house is a consuaer product. Also it was noted that there was a survey being made for the Consumer Product Safety Commission by Kearney Associates concerning asbestos-beating products which night enlt respirable asbestos and be covered by regulations of the Consuaer Product Safety Coaaission. The Secretary indicated that he would check the status of the Kearney report and advise. Ur. Conins stated that as regards individuals writing the CPSC, that to his knowledge no action had been taken by anyone, and that it would be necessary for the Institute to take an active role as regards Consumer Product Safety Commission recall procedures. One member Indicated that his company was concerned about the possibility of Consumer Product Safety Cotsission action and had given serious consideration to the question of recall procedures, it was suggested chat the Institute work through the Asbestos Information Association to call this problem to the Consumer Product Safety Commission's attention. In response to a question, the Secretary indicated that the Institute has good liaison with the Asbestos Information Association. Zlr. Comins indicated that he was not satisfied with the Asbestos Study Committee's handling of the recall problem with the Consuaer Product Safety''Commission. After additional discussion lir. Comins made a,motion as follows: 5ZS0LVED: That the Friction Ilaterials Standards Institute take an active role with the Consuaer Product Safety Commission regarding the position of friction materials manufacturers as`to recall procedures that could possibly affect asbestoscontaining friction materials. The motion was duly seconded. A count of the members indicated that there were II In attendance when this motion was put on the floor. Six members voted In favor of this resolution, with two opposed and three asbstainiag. According to the Constitution and Py-Laws, the resolution passed with a majority of those in attendance voting in favor of the resolution. Vir. Comins Indicated concern about non-asbestos bearing friction materials., and noted that there may be federal funds available fer a project such as joint research to develop non-asbestos friction materials because of the alleged hazards of asbestos in the work place and environment. Ur. Comins suggested that the Institute seek federal funding to establish such a joint research project. It was asked if a joint research project CO Uir.utes of the Annual Meeting -12- June 28-29, 1978 'would be legal and feasible. Were there anti-trust implications iron this type of research? Several members indicated that their companieswould'not' contribute either directly or indirectly to funding of such joint"research: _ carcinogenic material, wmcn mciucec asoestos^ n sucn a statute were to pass in one state it could effectively ban asbestos in brake linings throughout the United States. This proposed Hew Jersey statute was abandoned after it-was realized that it would just about close down the manufacturing industry in Hew Jersey. Sven if such a ban were feasible, even Ur. Selikoff has Indicated that there are controls that can keep asbestos concentrations to non-harmful levels. Several delegates / 3:nAICE peufoe^ce study committee llr. Nelson. Chairman of the Brake Performance Study Committee prepared his committee's report. Ur. Nelson could not attend this meeting and Ur. Ion Cutler of Abes read the report. Please refer to Exhibit 7. The Chairman's report discussed items such as the Quality Control Program and recent neves in Washington and the courts concerning Federal Motor Vehicle Safety Standard 121 (air brake systems standard). The Chairman also discussed Standard 105-75 and contact with Mr. Fred Uedler of the National Eighway Traffic Safety Administration concerning Docket 1-4 (replacement brake shoe aid lining assembly). He indicated that this docket was being reactivated and ve could expect to hear sore an it in the near future. Ur. Nelson reviewed his discussions with Ur. Redler concerning projects that could effect brakes including such items as longer life friction materials, brake system inspectibility, and the up-grading of both the hydraulic and air brake systems standards. Be also discussed AAMVA certification requirements and activities of the Vehicle Equipment Safety Commission. He noted that the Institute had been in contact with the Defense Supply Agency concerning the proposed federal brake lining specification HHL-361S, and that the Defense Construction Supply Center indicated that the revision E variation of this specification calling for full dynamometer tests was not satisfactory. They Indicated agreement with the Institute position about the unvorkability of Bevlslon E. The Defense Construction Supply Center Is nov working on a Revision F which it is hoped will include some of the suggestions that the Institute * made over the past year. In reading Ur. Nelson's report, Ur. Cutler commented on the Quality Control Program where he asked for some feed-back concerning work of the Qualify Control Sub-cotsittee. It was asked if oembars had been